For years, the political line on in vitro fertilization was simple. Everybody said they were for it. It is one of the most popular things in American medicine — this March, the Society for Assisted Reproductive Technology reported that for the first time, more than 100,000 babies were born in a single year with the help of IVF. Even Donald Trump has talked about making it cheaper.

That line is breaking. And you can watch it break in two places at once: in state Republican party platforms, and in a bill sitting in Congress right now with a long list of Republican names on it.

What the state parties wrote down

In June, the Texas Republican Party adopted a 2026 platform that opposes public funding for IVF and calls for regulating the whole assisted-reproduction industry, including mandatory reporting on how embryos are created and stored. One section says the Texas Legislature must "protect fetal life from destructive practices, such as IVF and commercial surrogacy."

Another section goes after surrogacy directly:

"We support a ban on contract surrogacy involving foreign nationals, which may involve a form of trafficking and may lead to claims of citizenship. We also support prohibiting third-party egg and sperm donations and the commercialization of human reproduction in Texas."

The Idaho Republican Party added language to its own 2026 platform opposing "the destruction of human embryos." Republicans in Missouri, North Carolina and Oklahoma adopted similar language in 2024 and 2025. That is five states in two years.

Party platforms are not law. But they tell you where a party is heading. As Sean Tipton of the American Society for Reproductive Medicine put it to Stateline, "Party platforms are mostly about intraparty politics and jockeying for position, but at the same time, you have to pay attention, because that symbolism matters."

The bill below is what happens when the symbolism grows teeth.

The SAFE KIDS Act

On November 4, 2025, Sen. Rick Scott of Florida introduced S. 3101, the SAFE KIDS Act. On January 13, 2026, Rep. Blake Moore of Utah introduced the House version, H.R. 7040.

Here is what it does, in the sponsors' own words: it "invalidates commercial surrogacy agreements with citizens of foreign adversary countries, such as China, Russia, Iran, and North Korea, and creates a misdemeanor for brokers — not surrogates — who knowingly facilitate these agreements."

Read that again. A surrogacy contract — the document that protects the surrogate, the intended parents, and the child — becomes legally void if one of the parties holds the wrong passport. The people who signed it in good faith are left with nothing to enforce.

The bill is pitched almost entirely as a national security measure. John Moolenaar of Michigan, who chairs the House Select Committee on China, said Chinese nationals "are exploiting gaps in US law to buy children from America," and that "this legislation will ensure accountability and protect innocent children from nationals of foreign adversary countries who want to buy American babies."

Blake Moore said the "espionage risks that could emerge from China and Russia bringing children with U.S. passports into their countries should be further cause for alarm."

Rich McCormick of Georgia was blunter about which door this actually opens:

"The SAFE KIDS Act closes a dangerous loophole that allows foreign adversaries to exploit our 14th Amendment through surrogate pregnancies. This bill protects vulnerable women and children while preventing hostile regimes from abusing U.S. birthright citizenship."

That is the tell. The 14th Amendment "loophole" McCormick is describing is birthright citizenship — the rule that people born here are citizens, in place since 1868. The Supreme Court upheld it on June 30, 2026, rejecting Trump's order trying to end it. Republicans have been hunting for a way around that ruling ever since, and subpoenaing maternity clinics while they look. Surrogacy is the newest angle of attack.

Robert Aderholt of Alabama, Jen Kiggans of Virginia, Nathaniel Moran of Texas, Mike Kennedy of Utah, Addison McDowell of North Carolina, John McGuire of Virginia and Jefferson Shreve of Indiana all supplied supporting statements for the same announcement.

Who signed it

These are the cosponsors who have report cards on this site. In the House, alongside Moore and Moolenaar:

• Robert Aderholt
• Jen Kiggans
• Nathaniel Moran
• Paul Gosar
• Diana Harshbarger
• Rich McCormick
• Michael Rulli
• Addison McDowell
• Mike Kennedy
• John McGuire
• Pete Sessions
• Jefferson Shreve
• John Rose
• Ben Cline
• Harriet Hageman
• Andy Harris
• Chuck Fleischmann
• Sheri Biggs

And in the Senate, on Rick Scott's version: Dan Sullivan, Pete Ricketts, Ashley Moody, Marsha Blackburn and Mike Rounds.

Neither bill has passed. The Senate version was referred to the Judiciary Committee the day it was introduced and has not moved since. But 25 people who want your vote this November decided this was worth attaching their name to.

The part they don't put in the press release

Here is the thing about the "we support IVF, we just want guardrails" position: four of the senators on that list already had a chance to vote on protecting IVF, and did not take it.

On September 17, 2024, the Senate voted on whether to take up the Right to IVF Act, which would have written a federal right to fertility treatment into law. Sen. Tammy Duckworth wrote it after the Alabama Supreme Court ruled in February 2024 that discarded embryos were children under state law — a ruling that prompted doctors in that state to halt IVF procedures.

The motion failed 51–44. Two Republicans voted to advance it: Susan Collins and Lisa Murkowski. Sen. John Thune told reporters that week, "Republicans support IVF full stop," and called the vote an attempt "to create a political issue where there isn't one."

The roll call says otherwise. Dan Sullivan voted no. Marsha Blackburn voted no. Pete Ricketts voted no. Mike Rounds did not vote at all.

Rick Scott — who would introduce the surrogacy bill fourteen months later — spent that week floating his own IVF proposal to expand health savings accounts, and noted that his own daughter was undergoing IVF. Duckworth's answer to him at the time reads differently now: "you can't support a fertilized egg being a human being — this personhood stuff which Rick Scott has said he supported — and also say you support IVF. The two are contradictory."

This is the same pattern at the state level. In Nevada, a bill writing a right to IVF into state law passed the state Senate with Republican votes — and Joe Lombardo vetoed it anyway, while saying he supports making IVF more accessible.

Saying you support IVF costs nothing. Voting for it costs something.

Why surrogacy, and why now

The people pushing this are not shy about the reasoning. Emma Waters, a senior policy analyst at the Heritage Foundation — the group behind Project 2025 — calls surrogacy "baby selling," and says people from countries hostile to the U.S. can hire a surrogate to obtain citizenship. She told Stateline that by age 35, a surrogate-born child from China could run for president.

Waters also thinks couples turn to IVF too early "without exploring the underlying causes of infertility," an idea tied to a conservative philosophy called restorative reproductive medicine that also discourages birth control. In a blog post last month, she said that over the past six months she has received more requests for help drafting surrogacy legislation than on any other topic.

Tipton, of the American Society for Reproductive Medicine, thinks the appeal is broader than national security. "For groups like Heritage, (surrogacy) is a nice synergy that allows them to be xenophobic, homophobic and anti-choice all at once," he said.

There is a reason he says homophobic. Many same-sex couples build their families through IVF and surrogacy. There is no other route.

The numbers do not support a crisis. Babies born through surrogacy made up about 14 out of every 100,000 deliveries between 2017 and 2020, according to the American Society for Reproductive Medicine. A study found about 32% of surrogate pregnancies between 2014 and 2020 were for international couples, and about 41% of those were from China — where surrogacy is illegal, which is why people leave.

Meanwhile, lawmakers in at least 17 states introduced 36 bills this year to give embryos or fetuses legal personhood, according to a Guttmacher Institute count reported by Stateline. Those are the bills that actually threaten IVF, because a clinic that discards an embryo is suddenly exposed. Opponents beat them back mostly by pointing out they would end IVF — which remains broadly popular.

What this costs real people

Ashley Kirk-Robertson, an Idaho woman who has carried four surrogate pregnancies, described what these arrangements actually look like. Her first was for a single father from Spain, where surrogacy is illegal. The second was for a husband and wife from Israel. The third was for a same-sex couple from Israel. The fourth was for Brooke Green, a Democratic Idaho state representative who could not carry a second child because she was diagnosed with a hormone-fueled breast cancer weeks before her last embryo was to be implanted.

"They truly are just here because coming here for the surrogacy is cheaper or because in their country it's not allowed," Kirk-Robertson said.

Under the SAFE KIDS Act, some of those contracts would be void on their face. Not because anyone was harmed. Because of where the parents were born.

Twenty-five Republicans on this site's report cards signed their names to that.

Source

Kelcie Moseley-Morris, Stateline: "More GOP party platforms include anti-IVF language. Is surrogacy next?" Cosponsor lists from congress.gov; sponsor statements from Rep. Blake Moore's office.